The purpose and intent of this chapter is to regulate the placement, construction and modification of cellular and wireless telecommunication facilities and their support structures in order to protect the public health, safety and welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace.

(Ord. 5185. Passed 12-2-97.)

   As used in this chapter:

   (a)   "Cellular or wireless communications tower." A freestanding monopole structure intended to support equipment used to transmit and/or receive cellular or wireless communications and data.

   (b)   "Co-location." The use of a cellular or wireless telecommunication facility by more than one personal wireless service provider.

   (c)   "Personal wireless communications service facilities." Facilities associated with the provision of personal wireless services, including antennas, towers, mounts, base units and transmission and receiving equipment.

   (d)   "Personal wireless communications service facilities site." A tract, lot, parcel or portion thereof, of land that contains the personal wireless communications services facilities associated with the provision of personal wireless services.

   (e)   "Personal wireless services." Commercial mobile services, wireless services and common carrier wireless exchange access services, including cellular and digital personal communications and data services.

(Ord. 5185. Passed 12-2-97.)

   The standards contained in this chapter are necessary to promote the intent of this Zoning Code. However, any one or all of the standards contained in this chapter may be varied or waived by a two- thirds affirmative vote of the Planning Commission.

   (a)   Personal wireless communications service facilities shall be permitted within the I-1 Light Industrial District and the I-2 General Industrial District as both principal and accessory uses. Such facilities shall conform to the standards set forth in Section 1297.05(a) and (b).

   (b)   Personal wireless communications service facilities shall be permitted within the CBD-1 Central Business District, CSD-1 Central Service District GB-1 General Business, PC Planned Commercial, RO-1 Research Office - Light Industrial, OS-1 Office Service, and HS-1 Highway Service districts as accessory uses. Such facilities shall conform to the standards set forth in Section 1297.05(c).

   (c)   If a cellular or wireless communications company can demonstrate that there are no suitable sites under industry or engineering standards for its personal wireless communications service facilities site within the zoning districts identified in divisions (a) and (b) of this section, the applicant may apply for a permit to place the facility in a residential, agricultural or floodway district. Such facilities shall conform to the standards set forth in Section 1297.05(d).

   (d)   No personal wireless communications service facility shall be permitted to be located on any lot or attached to any structure used for residential purposes within any zoning district, with the exception of facilities approved under Section 1297.05(d)(2).

   (e)   Necessity of Location. The applicant shall be required to demonstrate, using the latest technological evidence, that the personal wireless communications service facility must be placed as proposed in order to satisfy a necessary function in the applicant's overall communications system.

   (f)   Personal wireless communications service facilities shall be constructed to accommodate at least three carriers or sets of antennas or panels to encourage co-location.

   (g)   A new personal wireless communications service facility may not be constructed if there is a technically suitable space available on an existing or planned personal wireless communications service facility within the geographic area that the new facility is to serve.

   (h)   The applicant shall demonstrate in writing that they have attempted to co-locate on existing structures within the geographic area that the proposed facility is to serve.

   (i)   No personal wireless communications service facilities shall be located within one mile of another facility. Facilities approved under the provisions of divisions (b) and (c) of this section shall be exempt from this requirement.

   (j)   The applicant shall demonstrate to the City that they are licensed by the Federal Communications Commission (FCC) and that the proposed facility meets all Federal Aviation Administration (FAA) regulations.

   (k)   No advertising shall be permitted anywhere upon or attached to the facility or site.

   (l)   Any application to locate a personal wireless communications service facility on a building or structure that is listed on a Federal, State or local historic register, or is in an historic district established by the City, shall also be subject to review by the Chief Building Official (CBO) to ensure that architectural and design standards are maintained.

   (m)   No wireless telecommunication facility shall be artificially lit except as required by the Federal Aviation Administration.

(Ord. 5185. Passed 12-2-97.)

   (a)   Personal wireless communications service facilities as both principal and accessory uses within the I-1 and I-2 Zoning Districts shall be reviewed by the Planning Commission within 30 days after submission of all necessary information to the Planning and Development Department.

   (b)   Personal wireless communications service facilities as accessory uses within the CBD-1, CSD-1, GB-1, PC, RO-1, OS-1 and HS-1 Districts shall be reviewed by the Planning Commission within 30 days after submission of all necessary information to the Planning and Development Department.

   (c)   Personal wireless communications service facilities as accessory uses within the A, AR, FH, OR-1, R-1, R-2, R-3, R-4, and PR Districts shall be reviewed by the Planning Commission within 30 days after submission of all necessary information to the Planning and Development Department.

(Ord. 5185. Passed 12-2-97.)

   (a)   Personal Wireless Service Facilities as Principal Uses Within the I-1 and 1-2 Zoning Districts.

      (1)   Minimum lot size:   two acres.

      (2)   Minimum yard requirements:

         A.   The minimum setback from any land zoned residential or used for residential purposes shall be 300 feet.

         B.   The minimum setback from any street shall be 200 feet.

         C.   The minimum setback from any property line or structure shall be 40% of the tower height.

      (3)   Wireless towers and base units shall not be located within any required front yard.

      (4)   Wireless towers shall be free-standing monopole structures limited to a maximum height of 200 feet. Lattice-type towers and guy wire towers are prohibited.

      (5)   The applicant shall demonstrate in writing that the proposed facility is safe and will not negatively impact adjacent properties by tower failure, falling ice or other debris, electromagnetic fields or radio interference.

      (6)   A landscaping and screening plan shall be submitted that effectively softens the appearance of the facility site. Existing vegetation on and around the site shall be preserved to the greatest extent possible.

      (7)   Personal wireless communications service facility sites approved under this section shall be subject to the requirements of Section 1240.02(f).

   (b)   Personal Wireless Service Facilities as Accessory Uses Within the I-1 and 1-2 Zoning Districts.

      (1)   Minimum yard requirements:

         A.   Personal wireless service facilities shall be set back a minimum of 200 feet from any street and 300 feet from any land zoned residential or used for residential purposes.

         B.   Personal wireless service facilities shall have a minimum setback of 40% of the tower height from any property line or structure.

      (2)   Wireless towers shall be free-standing monopole structures limited to a maximum height of 200 feet. Lattice-type towers and guy wire towers are prohibited.

      (3)   Wireless towers and base units shall not be located within any required front yard.

      (4)   The applicant shall demonstrate in writing that the proposed facility is safe and will not negatively impact adjacent properties by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

      (5)   A landscaping and screening plan shall be submitted that effectively softens the appearance of the facility site. Existing vegetation on and around the site shall be preserved to the greatest extent possible.

   (c)   Personal Wireless Service Facilities as Accessory Uses Within the CBD-1, CSD-1 GB-1, PC, RO-1, OS-1 and HS-1 Zoning Districts.

      (1)   Facilities shall be permitted only on existing structures as roof- or side-mounted antennae or panels. They shall be painted and designed to match the architecture of the structure to which they are located.

      (2)   All facilities shall be screened from direct view or otherwise designed to cloak their appearance.

      (3)   Facilities may not exceed the height of the structure to which they are located by more than 15 feet.

      (4)   If the base unit or equipment shelter is not located within or attached to the structure, the base unit shall not be located above ground within any required front or side yard.

      (5)   The applicant shall demonstrate in writing that the proposed facility is safe and will not negatively impact adjacent properties by facility failure, falling debris, electromagnetic fields or radio frequency interference.

   (d)   Personal wireless service facilities as accessory uses within the A, AR, FH, OR-1, R-1, R-2, R-3, R-4, and PR Zoning Districts may be located on a lot which is currently used for an institutional or public purpose, such as a school, church, hospital, play field, golf course, park or other similar use.

      (1)   Facilities shall be permitted only on existing nonresidential structures as roof- or side-mounted antennae or panels. They shall be painted and designed to match the architecture of the structure to which they are located.

      (2)   Facilities may be attached to an existing residential structure only if it is four or more stories in height.

      (3)   All facilities shall be screened from direct view or otherwise designed to cloak their appearance.

      (4)   Facilities may not exceed the height of the structure to which they are located by more than 15 feet.

      (5)   If the base unit or equipment shelter is not located within or attached to the structure, the base unit shall not be located above ground within any required front or side yard.

      (6)   The applicant shall demonstrate in writing that the proposed facility is safe and will not negatively impact adjacent properties by facility failure, falling debris, electromagnetic fields or radio frequency interference.

(Ord. 5185. Passed 12-2-97.)

   (a)   Each site plan submitted shall contain the following information, at a level of detail which permits the complete understanding of the proposed development:

      (1)   The name and firm address of the professional individual responsible for preparation of the site plan, including an imprint of his or her professional seal.

      (2)   The name and address of the property owner and applicant.

      (3)   The date, a north arrow and a scale. The scale shall be not less than one inch equals twenty feet for property under three acres, nor less than one inch equals 100 feet for property of three acres or more.

      (4)   All lot and/or property lines, which shall be shown and dimensioned.

      (5)   The existing and proposed topography, in five-foot contour intervals.

      (6)   The existing use or uses of the property and an outline of any existing buildings or improvements, wooded areas and any significant natural features (water bodies, streams, rock outcroppings, etc.) located upon the site.

      (7)   Proposals for connection to an existing water supply, including fire hydrant location, sprinkler connections, sanitary sewerage systems and provisions for collecting and discharging surface water drainage.

      (8)   The location and dimensions of all proposed drives, service and access roads, fire lanes, sidewalks, curb openings, signs, exterior lighting, parking lot areas (show dimensions of a typical parking space), unloading areas, walls, fences and landscaping.

      (9)   Typical elevation views of the proposed facility and a rendering of the proposed facility to demonstrate how it will fit with the existing landscape.

      (10)   Photo simulations of the proposed wireless telecommunications facility shall be provided by the applicant.

   (b)   For personal wireless communications service facilities to be co-located on an existing personal wireless communications service facility, the applicant need only submit such information as is required to ensure compliance with the applicable provisions of this section and the applicable requirements of the Building Inspection Department.

   (c)   A non-refundable application fee in an amount provided for in Chapter 214 of these Codified Ordinances shall accompany each application for the placement or expansion of any personal wireless communications service facilities.

(Ord. 6575. Passed 3-15-16.)

   (a)   The applicant shall file a written declaration with the City as to the continuing operation of its facility on or before January 1 of each year.

   (b)   The applicant shall maintain the site and all structures in good condition, free of trash, outdoor storage, weeds and other debris. Any approved landscaping and fencing shall be maintained in good repair. The exteriors of any approved personal wireless communications service facilities shall be maintained in good repair and painted and consistent with the original approval.

(Ord. 5185. Passed 12-2-97.)

   Any personal wireless communications service facility that has discontinued its service for a period of six months or more shall be removed, including any support structures and buildings. "Discontinued" means that the structure has not been properly maintained, has been abandoned, has become obsolete, has been unused or has ceased its daily activities or operations. The applicant, or the applicant's successors, or as a last resort, the property owner, will be responsible for the removal and costs thereof within six months after discontinued service.

(Ord. 5185. Passed 12-2-97.)